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(A) Upon the execution of a license, a licensee shall file with the City, and maintain in full force and effect throughout the term of the license, and any renewal thereof, insurance policies issued by an insurer, duly authorized and licensed to conduct business in the State of Arizona, reasonably acceptable to the City Manager, insuring with respect to the installation, construction, operation and maintenance of the cable communication system, comprehensive general and automobile liability coverage, including, but not limited to:

(1) Blanket contractual liability;

(2) Completed operations liability;

(3) Broad form property damage endorsement, including, but not limited to, coverage for explosion, collapse and underground incidents; and

(4) Automobile nonownership liability.

(B) This insurance shall include coverage which meets or exceeds the following 1992 standard minimum amounts (which minimums may be increased by the City from time to time to compensate for inflation or exposure to loss):

(1) For bodily injury, including death, in the amount of $1,000,000 combined single limit;

(2) For property damage in the minimum amount of $500,000;

(3) Comprehensive automobile liability for bodily injury of $1,000,000 combined single limit;

(4) Excess umbrella liability in the amount of $4,000,000 in excess of underlying coverage; and

(5) Worker’s compensation coverage as required by the laws, rules and regulations of the State of Arizona.

(C) Any insurance policy obtained by licensee in compliance with this section shall include the City as an additional insured, shall be primary and must be approved by the City Risk Manager and City Attorney, which approval shall not be unreasonably withheld. Such insurance policy shall be filed and maintained with the City during the term of the license and may be changed from time to time to reflect changing liability limits. Licensee shall immediately advise the City of any litigation that may develop that would affect this insurance or reduce the amount of coverage. Any insurance or self-insured coverage carried by the City shall be excess coverage and not contributory insurance to that provided by a licensee.

(D) Neither the provisions of this section, nor any damages recovered by the City thereunder, shall be construed to limit the liability of licensee to the City for damages.

(E) All insurance policies shall contain the following endorsement:

This insurance policy may not be canceled by the insurance carrier, nor may the insurance carrier fail to renew this policy until 30 days after receipt by the City of the insurance carrier’s written notice of its intention.

(F) Licensee may self-insure the above described policy coverage if licensee or its parent are of sufficient financial standing acceptable to the City Manager to reasonably provide such insurance. A licensee that elects to self-insure shall file with the City a certificate of insurance as specified by the City. (Ord. 19-1458, passed 12-2-19)